Madras High CourtCRL OP(MD)/14960/2025ordered

Thanga Durai @ Esakki Durai v. The State Of Tamil Nadu

2025-09-11Honourable Mr Justice Sunder Mohan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.09.2025

CORAM

THE HONOURABLE MR.JUSTICE SUNDER MOHAN Crl.O.P.(MD).No.14960 of 2025 Thanga Durai @ Esakki Durai ... Petitioner/Accused No.4 Vs.

1.State of Tamil Nadu through The Deputy Superintendent of Police, Ambasamudram Sub Division, Tirunelveli District.

2.The Inspector of Police, Kallidaikurichi Police Station, Tirunelveli District.

(Crime No.341 of 2025) ... Respondents 1 & 2/Complainants 3.Thangadurai ...3rd Respondent/ Defacto Complainant Prayer : Criminal Original Petition is filed under Section 528 of BNSS, 2023, to direct the II Additional District and Sessions Court (PCR), Tirunelveli, to consider the petitioner's bail application on the same day of surrender in Crime No.341 of 2025 dated 06.08.2025 on the file of the second respondent Police.

1/4

For Petitioner : Mr.R.Muthukumar For R-1 & R-2 : Mr.R.M.Anbunithi Additional Public Prosecutor

ORDER

The petitioner seeks a direction to the II Additional District and Sessions Court (PCR), Tirunelveli, to consider his bail application on the same day of surrender in Crime No.341 of 2025 on the file of the second respondent Police.

2. In view of the specific bar under Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and also taking into consideration of the facts of the case, there shall be a direction to the II Additional District and Sessions Court (PCR), Tirunelveli, to consider the petitioner's bail application on the same day of his surrender in connection with Crime No.341 of 2025 registered for the offences under Section 296(b), 131 & 351 (3) of BNS, 2023, and Sections 3(1)(r), 3(1)(s) and 3(2)(va) of SC/ST (Prevention of Atrocities) Act, 1989 and pass appropriate orders in accordance with law. It is needless to say that the Court below while disposing the bail petition shall consider the gravity of the offence, previous antecedent of the petitioner and pass orders, after affording due opportunity to the victim under Section 15-A of the SC/ST (POA) Act, 1989.

2/4

3. The petitioner shall surrender before the concerned jurisdictional Court, within a period of fifteen (15) days from the date of receipt of a copy of this order. The petitioner shall inform in advance the learned Public Prosecutor and the victim of the date of surrender and of the filing of the petition.

4. This Criminal Original Petition is ordered accordingly. 11.09.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No LS To 1.The II Additional District and Sessions Court (PCR), Tirunelveli.

2.The Inspector of Police, Kallidaikurichi Police Station, Tirunelveli District.

3.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

3/4

SUNDER MOHAN, J.

LS Crl.O.P(MD).No.14960 of 2025 11.09.2025 4/4